Insurance

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Wed 18 Jun 2003 12:13
Insurance - CF
Hi Guys

I'm hoping someone here will know the answer to this question:

Does a car/van which is stored off the public highway but in a public/communal area need to have 3rd party insurance?

Thanks in advance for any help

CF
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Wed 18 Jun 2003 12:27
Insurance - DavidHM
S.143 of the Road Traffic Act 1988 states that

a) a person must not use a motor vehicle on a road unless there is in force in relation to the use of the vehicle by that person such a policy of insurance...

Use has been deemed to include parking, although if you are covered by a 'driving other cars' policy, you can still claim under the comprehensive element of someone else's policy when it is parked.

The next question is whether the public/communal area is included in a road.

"The definition of a "road" in England and Wales is 'any highway and other road to which the public has access and includes bridges over which a road passes'.

It is important to note that references to 'road' therefore generally include footpaths, bridle-ways and cycle tracks and many roadways and driveways on private land (including many car parks). In most cases, the law will apply to them and there may be additional rules for particular paths or ways. Some serious driving offences, including drink-driving offences, also apply to all public places, for example public car parks."

So I guess the answer is probably yes, although there might be some exceptions.
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Wed 18 Jun 2003 12:46
Insurance - CF
Thanks for your reply David - very helpful.

I do have a further question now though - doesn't the 'driving other cars' part of a comprehensive poilicy usually stipulate that the vehicle does actually have a policy specific to it in place? If not anyone owning 2 cars would only ever need to insure one of them wouldn't they?

Thanks again for you help.

CF
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Wed 18 Jun 2003 14:12
Insurance - DavidHM
There's nothing to stop it saying that and I'm not sure of the legal position when the car is parked - i.e., if the DOC provision extends to a vehicle being used but not driven.

The provision will certainly be restricted to cars not belonging to the insured, so someone with two cars certainly couldn't get away with insurance on just one of them - unless it was stored in a private area, etc.

Of course, most people want fully comp, rather than TPO insurance on anything of any value.
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Wed 18 Jun 2003 15:01
Insurance - CF
Thanks again David.

My reason for asking the question is that one of my neighbours has parked an old van which is untaxed and, I think I can assume, uninsured in the communal area outside our garages.
It's partially obstructing my access to my garage and yet he refuses to move it.
As well as infringing the covenant which states that he must allow me clear access I was wondering whether he was braking the law regarding insurance as this might interest the police and may result in a more speedy solution to the problem than me beginning civil action.
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Wed 18 Jun 2003 15:11
Insurance - Armitage Shanks{P}
If it is untaxed and very scruffy looking (ie not likely to pass an MOT) you could try reporting it to your local Council. They might put an enforcement notice on it and then take it away after 7 days.
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Wed 18 Jun 2003 21:32
Insurance - CF
Unfortunately it's in an area that although is communal is not adopted by the council. Would they still be interested?
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